Moving to another state or farther away is common, but it can be emotionally challenging for families, especially children. This is particularly true when parents are separated or divorced. Parents must carefully consider how these big moves affect their kids. Beyond the emotional impact, these changes can deeply affect a child’s life in many ways.
Because of this, New Jersey law takes relocation cases very seriously. They don’t simply rubber-stamp relocation requests. When addressing these sensitive issues concerning child custody and relocation, the courts consider various factors that every parent should know.
New Jersey law on relocation
A parent can relocate with their child out of state or somewhere far away from the original home. However, they can’t do this without proper authorization. They must obtain the other parent’s consent or court approval. In case of disagreement between parents or when one parent opposes the move, courts become involved to resolve the matter.
Courts base their decision on the child’s best interest. They look at the following factors:
- Reasons for the move
- Impact on the child’s relationship with the non-relocating parent
- Educational opportunities in the new location
- Effect on the child’s social life and well-being
- Feasibility of maintaining contact with the non-relocating parent
The courts use these factors to determine if the parent’s proposed move is in the child’s best interest.
Seeking a relocation request
When requesting relocation, it’s important to provide clear evidence of the move’s advantages. This may include employment offers, educational information and letters supporting family or community connections in the new location. The parenting plan forms the foundation of the request. It should detail how the non-relocating parent will remain involved through regular visits, extended holiday time and consistent communication.
If you’re the parent seeking relocation, showing the court you’re willing to work with your ex-spouse and maintain their relationship with your child can strengthen your case. But if you’re the parent being asked for approval, you should expect to see evidence of this willingness from them.